A U.S. federal judge in California ruled that the Trump administration cannot enforce executive orders requiring nonprofit organizations to abandon diversity initiatives or transgender recognition in order to receive federal funding. The decision, issued by U.S. District Judge Jon Tigar, came in response to a challenge from several pro-LGBTQ nonprofits who argued that the provisions of President Donald Trump’s executive orders violated their constitutional rights.
In his order, Judge Tigar stated that the executive branch must operate within the bounds of the Constitution, which means it cannot use federal funds to target protected communities or suppress ideas that it deems dangerous or controversial. The judge emphasized that while the executive branch has authority to shape policy, it cannot act as a censor of constitutionally protected speech or services promoting diversity, equity, and inclusion.
The plaintiffs in the case include organizations such as health centers, LGBTQ+ services groups, and the Gay Lesbian Bisexual Transgender Historical Society, all of which rely on federal funding to carry out their missions. The groups argue that the executive orders would prevent them from providing essential services and that Congress, not the president, has the authority to dictate how federal funds are used.
Lawyers for the government have stated that the president is permitted to align government funding and enforcement strategies with his policies, but the plaintiffs contend that Congress reserved the power to condition federal grants on specific ethical or policy considerations. The judge’s order remains in effect while the legal case proceeds, with government attorneys expected to appeal the decision.
The Associated Press contributed to this report.